Category: European

Molda v Commission: ECFI 26 Sep 2014

ECFI Judgment – Environment – Directive 2003/87/EC – Trading Scheme gas emissions greenhouse – Transitional rules regarding harmonized allocation of emission allowances for free in 2013 – Decision 2011/278/EU – National implementation measures by Germany – Clause on cases with undue hardship – Professional Freedom and Enterprise – Right to property – Proportionality

A. Dittrich (Rapporteur), P
T-629/13, [2014] EUECJ T-629/13
Bailii
Directive 2003/87/EC

European

Updated: 21 December 2021; Ref: scu.537063

Giorgis v OHMI – Comigel (Forme De Deux Gobelets Emballes): ECFI 25 Sep 2014

ECFI Judgment – Community trade mark – Invalidity proceedings – Three-dimensional Community trade mark – Shape of two packaged goblets – Absolute ground for refusal – Lack of distinctive character – Lack of distinctive character acquired through use – Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009

M. van der Woude, P
T-474/12, [2014] EUECJ T-474/12
Bailii
Regulation (EC) No 207/2009 7(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537059

Spirlea v Commission: ECFI 25 Sep 2014

ECFI Judgment – Access to documents – Regulation (EC) No 1049/2001 – Document issued by Germany as part of an EU Pilot procedure – Article 4, paragraphs 4 and 5 – Article 4, paragraph 2, third indent – Refusal access – Breach of essential procedural requirements – Duty to carry out a concrete, individual examination – Partial access – Overriding public interest

D. Gratsias, P
T-669/11, [2014] EUECJ T-669/11, ECLI: EU: T 2014: 814
Bailii
Regulation (EC) No 1049/2001

European

Updated: 21 December 2021; Ref: scu.537069

Flying Holding and Others v Commission: ECFI 26 Sep 2014

ECFI Judgment – Public service contracts – Tender procedure – Provision of non-scheduled air transport of passengers and charter air taxi – Rejection of application – Article 94 b) of the Financial Regulation – Rights of the defense – Article 134, paragraph 5, of the Implementing Rules of the Financial Regulation – Action for annulment – Letter responding to a request of the applicants – Act not amenable to review – Award Decision – No direct concern – Inadmissibility – Non-contractual liability

M me ME Martins Ribeiro, P
T-91/12, [2014] EUECJ T-91/12
Bailii

European

Updated: 21 December 2021; Ref: scu.537058

Radelet v Commission: ECJ 18 Sep 2014

ECJ Judgment – Public service – Officials serving in a third country – Articles 5 and 23 of Annex X to the Staff – provision of housing by the institution – Authorization for the official to take a home for rent – Action for damages – moral damage – Assigning an inconvenient and unsafe housing – No evidence

F-7/13, [2014] EUECJ F-7/13
Bailii

European

Updated: 21 December 2021; Ref: scu.537016

Shire Pharmaceutical Contracts v Commission: ECFI 3 Sep 2014

ECJ Order Of The Court Of First Instance – Action for annulment – Medicinal products for paediatric use – Regulation (EC) No 1901/2006 – Article 37 – Extension of the duration of the market exclusivity of non-patented orphan medicinal products – Non-actionable measure – Inadmissibility

D. Gratsias, P
T-583/13, [2014] EUECJ T-583/13 – CO
Bailii
Regulation (EC) No 1901/2006 37

European

Updated: 21 December 2021; Ref: scu.537019

Szabo Tivadar v Ado-Nemzeti es Vamhivatal Kozep: ECJ 4 Sep 2014

ECJ Order Of The Court – Preliminary reference – Corporation with accumulated tax debts – leader of this company can not be recruited to serve as a senior executive in another company – Article 53, paragraph 2 of the Rules of Procedure of the Court – Lack of applicability of provisions of Union law whose interpretation is sought – Manifest lack of jurisdiction – Questions hypothetical – Manifest inadmissibility

C-204/14, [2014] EUECJ C-204/14 – CO
Bailii

European

Updated: 21 December 2021; Ref: scu.537020

Tegometall International v OHMI – Irega (Mego): ECFI 23 Sep 2014

ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark MEGO – Relative ground for refusal – Earlier opposition proceedings – Lack of authority of res judicata

MM. S. Papasavvas, P
T-11/13, [2014] EUECJ T-11/13, ECLI: EU: T: 2014: 803
Bailii

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537021

Think Schuhwerk v OHIM: ECJ 11 Sep 2014

ECJ Order Of The Court – Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 7(1)(b) – No distinctive character – Red aglets on shoe laces – Article 122 of the Rules of Procedure of the General Court – Appeal in part manifestly inadmissible and in part manifestly unfounded

C-521/13, [2014] EUECJ C-521/13 – CO
Bailii
Regulation (EC) No 207/2009 7(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537022

Sanofi v OHMI – GP Pharm (Gepral): ECFI 24 Sep 2014

ECJ Judgment – Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark GEPRAL – Earlier international word mark DELPRAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

M. Prek, P
T-493/12, [2014] EUECJ T-493/12
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European

Updated: 21 December 2021; Ref: scu.537018

Alma-The Soul of Italian Wine v OHMI – Miguel Torres (Sotto Il Sole Italiano Sotto Il Sole): ECFI 25 Sep 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE – Earlier Community word mark VINA SOL – Relative ground for refusal – Article 75 of Regulation (EC) No 207/2009 – Duty to state reasons

M. van der Woude, P
T-605/13, [2014] EUECJ T-605/13, ECLI:EU:T:2014:812
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537049

Nuna International v OHMI – Nanunana Joachim Hoepp (Nuna): ECFI 23 Sep 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark nuna – Earlier Community word marks NANA and NANU-NANA – Relative ground for refusal – No likelihood of confusion – No similarity between the goods – Article 8(1)(b) of Regulation (EC) No 207/2009

S. Papasavvas, P
T-195/12, [2014] EUECJ T-195/12
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537015

Groupe Lea Nature v OHMI – Debonair Trading Internacional (So’Bio Etic): ECFI 23 Sep 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark SO’BiO etic – Earlier Community and national word and figurative marks SO . . ? – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 – Lack of genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009

T-341/13, [2014] EUECJ T-341/13, [2017] EUECJ T-341/13
Bailii, Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537008

Cerafogli v ECB: ECJ 18 Sep 2014

ECJ Judgment – Civil service – ECB staff – Access of ECB staff to documents connected with their employment relationship – Rules applicable to requests from ECB staff – Pre-litigation procedure – Rule of correspondence – Plea of illegality raised for the first time in the action – Admissibility – Right to effective judicial protection – Consultation of the Staff Committee for the purpose of adopting rules applicable to requests from ECB staff for access to documents connected with their employment relationship

M.I. Rofes i Pujol, P
F-26/12, [2014] EUECJ F-26/12
Bailii

European

Updated: 21 December 2021; Ref: scu.537002

Frucona Kosice v Commission: ECFI 18 Sep 2014

ECFI Order – Application for interim measures – State aid – Alcohol and spirits – Cancellation of a tax debt in a collective bankruptcy procedure – Decision declaring the aid incompatible with the internal market and ordering its recovery – Application for suspension of operation of a measure – New application – No new facts – Prima facie case not made out – Lack of any urgency

T-103/14, [2014] EUECJ T-103/14 – CO, [2016] EUECJ T-103/14
Bailii, Bailii

European

Updated: 21 December 2021; Ref: scu.537006

Italiana Calzature v OHIM: ECJ 18 Sep 2014

ECJ Judgment – Appeals – Community trade marks – Regulation (EC) No 40/94 Inscription of figurative marks containing the word elements ‘GIUSEPPE ZANOTTI DESIGN’ and ‘BY GIUSEPPE ZANOTTI’ – Opposition by the proprietor of the word and figurative marks, community and national levels, including the verbal element ‘ZANOTTI’ – Opposition rejected by the Board of Appeal

C-308/13, [2014] EUECJ C-308/13
Bailii
Regulation (EC) No 40/94

European

Updated: 21 December 2021; Ref: scu.537012

Herdade De S. Tiago Ii v OHMI – Polo/Lauren: ECFI 18 Sep 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark V – Earlier Community, national and Benelux figurative marks representing a polo player – Relative grounds for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – Article 8(5) of Regulation No 207/2009

T-90/13, [2014] EUECJ T-90/13, ECLI:EU:T:2014:778
Bailii
Regulation No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537009

Bundesdruckerei GmbH v Stadt Dortmundc: ECJ 18 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Directive 96/71/EC – Procedures for the award of public service contracts – National legislation requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services relating to the public contract – Subcontractor established in another Member State

M. Safjan, P
C-549/13, [2014] EUECJ C-549/13
Bailii

European

Updated: 21 December 2021; Ref: scu.537000

Holcim (Romania) v Commission (: ECFI 18 Sep 2014

ECFI Judgment – Non-contractual liability – Scheme for greenhouse gas emission allowance trading – Liability for fault – Commission’s refusal to disclose information on and to prohibit all transactions involving emission allowances allegedly stolen – Sufficiently serious breach of a rule of law conferring rights on individuals – Strict liability

T-317/12, [2014] EUECJ T-317/12
Bailii

European

Updated: 21 December 2021; Ref: scu.537010

Georgias and Others v Council and Commission: ECFI 18 Sep 2014

ECFI Judgment – Common foreign and security policy – Restrictive measures adopted against certain persons and entities in view of the situation in Zimbabwe – Freezing of funds – Non-contractual liability – Causal link – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Manifest error of assessment – Obligation to state reasons

D. Gratsias (Rapporteur), P
T-168/12, [2014] EUECJ T-168/12
Bailii

European

Updated: 21 December 2021; Ref: scu.537007

Ipatau v Council: ECFI 23 Sep 2014

ECFI Judgment – Foreign policy and security policy – Restrictive measures against Belarus – Freezing of funds and economic resources – Action for annulment – entry and transit through the territory of the Union Restrictions time Appeal – Admissibility – Obligation to state reasons – Rights of the defense – Error of judgment

T-646/11, [2014] EUECJ T-646/11
Bailii

European

Updated: 21 December 2021; Ref: scu.537011

Kadhaf Al Dam v Council: ECFI 24 Sep 2014

ECFI Judgment – Foreign policy and security policy – Restrictive measures because of the situation in Libya – Freezing of funds and economic resources – Obligation to state reasons – Manifest error of assessment – Modulation effects in time of cancellation – no liability contractual

T-348/13, [2014] EUECJ T-348/13
Bailii

European

Updated: 21 December 2021; Ref: scu.537013

El Corte Ingles v OHMI – Gaffashion (Bauss): ECFI 18 Sep 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark Bauss – Earlier Community figurative mark BASS3TRES – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – No likelihood of confusion

D. Gratsias, P
T-267/13, [2014] EUECJ T-267/13, ECLI: EU: T: 2014 780
Bailii

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537004

Central Bank of Iran v Council: ECFI 18 Sep 2014

ECJ Judgment – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Lis pendens – Obligation to state reasons – Rights of the defence

T-262/12, [2014] EUECJ T-262/12, , ECLI:EU:T:2014:777
Bailii

European

Updated: 21 December 2021; Ref: scu.537001

Mikhalchanka v Council: ECFI 23 Sep 2014

ECFI Judgment – Foreign policy and security policy – Restrictive measures against Belarus – Liquid funds and economic resources – Restrictions on entry and transit through the territory of the Union – Inclusion and retention of the name of applicant in the list of the persons concerned – Journalist – Action for annulment – Period – Inadmissibility partial – Rights of the defense – Obligation to state reasons – Error of judgment

H. Kanninen (Rapporteur), P
T-196/11, [2014] EUECJ T-196/11, ECLI: EU: T: 2014 801
Bailii

European

Updated: 21 December 2021; Ref: scu.537014

Rutgers Germany And Others v European Chemicals Agency: ECJ 4 Sep 2014

ECJ Order Of The Court – Appeals – Article 181 of the Rules of Procedure of the Court – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 59 and Annex XIII – Identification of anthracene oil (anthracene paste) as a substance of very high concern, to be made subject to the authorisation procedure – Equal treatment

C-290/13, [2014] EUECJ C-290/13 – CO
Bailii
Regulation (EC) No 1907/2006

European

Updated: 21 December 2021; Ref: scu.536721

Goldsteig Kasereien Bayerwald v OHIM: ECJ 4 Sep 2014

ECJ Order Of The Court – Appeal – Community trade mark – Figurative mark containing the word element ‘Goldstuck’ – Opposition by the proprietor of the Community word mark Goldsteig – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – No likelihood of confusion – Opposition rejected – Appeal in part manifestly inadmissible and in part manifestly unfounded

C-150/14, [2014] EUECJ C-150/14 – CO
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536716

Hejduk v EnergieAgentur.NRW GmbH: ECJ 11 Sep 2014

ECJ Advocate General’s Opinion – Area of Freedom, Security and Justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5, paragraph 3 – Jurisdiction ‘delict or quasi-delict’ – Historic Copyright – Criteria for determining the place where the damage occurred – posted on the Internet Content Damage ‘relocated’ ‘

MP Cruz Villalon AG
C-441/13, [2014] EUECJ C-441/13 – O
Bailii
Regulation (EC) No 44/2001
European
Cited by:
Opinion – Hejduk v EnergieAgentur.NRW GmbH ECJ 22-Jan-2015
Reference for a preliminary ruling – Regulation (EC) No 44/2001 -Article 5(3) – Special jurisdiction in matters relating to tort, delict or quasi-delict – Copyright – Dematerialised content – Placing online – Determination of the place of the event . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 21 December 2021; Ref: scu.536717

Parva Investitsionna Banka And Others v Ear Proparti Developmant – v nesastoyatelnost: ECJ 9 Sep 2014

ECJ Order Of The Court – Reference for a preliminary ruling – Regulation (EC) No 1896/2006 – Definition of ‘uncontested pecuniary claims’ – Insolvency proceedings – Extra-judicial enforcement order relating to a contested claim – Claim for payment out of the insolvency estate, on the basis of such an enforcement order – Situation falling outside the scope of Regulation No 1896/2006 – Court clearly lacking jurisdiction

C-488/13, [2014] EUECJ C-488/13 – CO
Bailii
Regulation (EC) No 1896/2006

European, Insolvency

Updated: 21 December 2021; Ref: scu.536719

Metropolis Inmobiliarias Y Restauraciones v OHIM: ECJ 4 Sep 2014

ECJ Order Of The Court – Appeal – Community trade mark – Regulation (EC) No 40/94 – Application for registration of the figurative mark containing the word element ‘METRO’ in the blue and yellow colors – Opposition by the proprietor of the Community figurative mark in color with the verbal element ‘GRUPOMETROPOLIS’ – Opposition rejected ‘

C-509/13, [2014] EUECJ C-509/13 – CO
Bailii

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536718

Wahlstrom v Frontex: ECJ 17 Sep 2014

ECJ Judgment – Civil service – Frontex staff – Temporary staff – Non-renewal of a fixed term contract – Renewal procedure – Article 41(2)(a) of the Charter of Fundamental Rights of the European Union – Right to be heard – Infringement – Influence on the content of the decision

F-117/13, [2014] EUECJ F-117/13
Bailii

European

Updated: 21 December 2021; Ref: scu.536726

Staatssecretaris van Financien v Schoenimport ‘Italmoda’ Mariano Previti: ECJ 11 Sep 2014

ECJ Advocate General’s Opinion – VAT – Transitional arrangements for trade between Member States – Goods dispatched or transported within the European Union – Fraud in the Member State of arrival – Consideration of fraud in the exporting Member State – Exemption ‘

M Maciej Szpunar
C-131/13, [2014] EUECJ C-131/13 – O, [2014] EUECJ C-131/13
Bailii, Bailii

European, VAT

Updated: 21 December 2021; Ref: scu.536722

HT v Land Baden-Wurttemberg: ECJ 11 Sep 2014

ECJ Advocate General’s Opinion – Area of freedom, security and justice – Asylum and immigration – Rules on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees and the content of the protection granted – Revocation of a residence permit under Article 24(1) of Directive 2004/83/EC – Conditions – Concept of compelling reasons of national security or public order – Participation of a recognised refugee in the activities of a terrorist organisation

Sharpston AG
C-373/13, [2014] EUECJ C-373/13 – O, [2015] EUECJ C-373/13
Bailii, Bailii
Directive 2004/83/EC 24(1)

European, Immigration, Crime

Updated: 21 December 2021; Ref: scu.536725

Franzen And Others v Raad van bestuur Social verzekeringsbank: ECJ 10 Sep 2014

ECJ Advocate General’s Opinion – Preliminary ruling – Social security for migrant workers – Regulation (EEC) No 1408/71 – Articles 13, paragraph 2, and 17 – Occasional work in a Member State other than the State of residence – Applicable law – Refusal family allowances and reduce the age pension by the State of residence – Restriction of free movement of workers

Maciej Spunar AG
C-382/13, [2014] EUECJ C-382/13 – O, [2015] EUECJ C-382/13
Bailii, Bailii
Regulation (EEC) No 1408/71 13(2) 17

European, benefits

Updated: 21 December 2021; Ref: scu.536714

Cruz and Companhia v Instituto de Financiamento da Agricultura e Pescas, IP: ECJ 17 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Article 3 – Proceedings relating to irregularities – European Agricultural Guidance and Guarantee Fund (EAGGF) – Recovery of export refunds wrongly received – Limitation period – Application of a longer national limitation period – General limitation period – Administrative measures and penalties

M Ilesic P
C-341/13, [2014] EUECJ C-341/13
Bailii

European

Updated: 21 December 2021; Ref: scu.536712

CQ v Parliament: ECJ 17 Sep 2014

ECJ Judgment – Civil service – Members of the temporary staff – Auxiliary conference interpreters (ACIs) – Article 90 of the CEOS – Psychological harassment – Article 12a of the Staff Regulations – Internal rules for the Advisory Committee on Harassment and its Prevention at the Workplace – Confidentiality of the proceedings of that committee – Manifest errors of assessment

F-12/13, [2014] EUECJ F-12/13
Bailii

European

Updated: 21 December 2021; Ref: scu.536711

Baltic Agro AS v Maksuja Tolliameti Ida maksu ja tollikeskus: ECJ 17 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Dumping – Regulation (EC) No 661/2008 – Definitive anti-dumping duty on imports of ammonium nitrate originating in Russia – Conditions for exemption – Article 3(1) – First independent customer in the European Union – Acquisition of ammonium nitrate fertiliser through another company – Release of the goods – Application for invalidation of the customs declaration -Decision 2008/577/EC – Customs Code – Articles 66 and 220 – Error – Regulation (EEC) No 2454/93 – Article 251 – Post-release verification

C-3/13, [2014] EUECJ C-3/13, http://www.bailii.org/eu/cases/EUECJ/2014/C313.html
Bailii
Regulation (EC) No 661/2008

European

Updated: 21 December 2021; Ref: scu.536707

Cindu Chemicals And Others v European Chemicals Agency: ECJ 4 Sep 2014

ECJ Order – Appeals – Article 181 of the Rules of Procedure of the Court – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 59 and Annex XIII – Identification of anthracene oil, anthracene low as a substance of very high concern, to be made subject to the authorisation procedure – Equal treatment

C-289/13, [2014] EUECJ C-289/13 – CO
Bailii
Regulation (EC) No 1907/2006

European

Updated: 21 December 2021; Ref: scu.536710

CA Consumer Finance v Ingrid Bakkaus and others: ECJ 11 Sep 2014

ECJ Advocate General’s Opinion – Consumer protection – Consumer Credit – Pre Obligations of professional lender – Information Duties and evaluating the consumer’s creditworthiness – Terms and burden of proof of such obligations

Nils M Wahl QG
C-449/13, [2014] EUECJ C-449/13 – O, [2014] EUECJ C-449/13
Bailii, Bailii

European, Consumer

Updated: 21 December 2021; Ref: scu.536709

Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

ECJ Order Of The Court – Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70/EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – Contracts of fixed-term employment in the Public Sector – Procedure stabilization – Recruitment of fixed-term workers as career civil servants without public competition – Determination of seniority – Total lack of consideration of periods of service under contracts fixed-term employment – Principle of non-discrimination

C-152/14, [2014] EUECJ C-152/14 – CO, ECLI: EU: C: 2014, 2181
Bailii

European, Employment

Updated: 21 December 2021; Ref: scu.536708

Art and Allposters International BV: ECJ 11 Sep 2014

ECJ Advocate General’s Opinion – Copyright and related rights – Directive 2001/29 / EC – Distribution rights – Exclusive right of authors to authorize or prohibit any form of distribution to the public – Exhaustion – Copyright – New form’

MP Cruz Villalon
C-419/13, [2014] EUECJ C-419/13 – O, ECLI: EU: C: 2014: 2214, [2015] EUECJ C-419/13
Bailii, Bailii
Directive 2001/29/EC

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536706

Verest And Gerards v Belgische Staat: ECJ 11 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Income tax – Legislation for the avoidance of double taxation – Taxation of income from immovable property received in a Member State other than the Member State of residence – Method of exemption with maintenance of progressivity in the Member State of residence – Difference in treatment between immovable property situated in the Member State of residence and in another Member State

J.L. da Cruz Vilaca, P
ECLI:EU:C:2014:2210, C-489/13, [2014] EUECJ C-489/13
Bailii

European, Income Tax

Updated: 21 December 2021; Ref: scu.536566

Privater Rettungsdienst Und Krankentransport Stadler v Zweckverband Rettungsdienst und fur Feuerwehralarmierung Passau: ECJ 10 Mar 2011

ECJ Public procurement – Directive 2004/18/EC – Public service concession – Rescue service – Distinction between ‘public service contract’ and ‘service concession’

K. Lenaerts, P
[2011] EUECJ C-274/09
Bailii
Directive 2004/18/EC
Citing:
Opinion – Privater Rettungsdienst Und Krankentransport Stadler v Zweckverband Rettungsdienst und fur Feuerwehralarmierung Passau ECJ 9-Sep-2010
ECJ Opinion – Freedom To Provide Services – Rescue Service – Criteria for distinguishing between a public service and service concession – Mode of payment – Transfer of risk associated with the operation of . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 21 December 2021; Ref: scu.536568

Tzikas v AFE: ECJ 10 Sep 2014

ECJ Court of Pulic Employees – Public service – Temporary staff – Non-renewal of a fixed-term contract – agency staff – Downsizing – Multiannual Financial Framework ERA – Removal of two posts of the establishment plan – Compliance with the essential formalities – Right to be heard – Internal Guidelines – Interest of Service

F-120/13, [2014] EUECJ F-120/13
Bailii

European, Employment

Updated: 21 December 2021; Ref: scu.536565

Continental Wind Partners v OHMI – Continental Reifen Deutschland (Continental Wind Partners): ECFI 11 Sep 2014

ECFI Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark CONTINENTAL WIND PARTNERS – International Brand Earlier figurative Continental – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8, paragraph 1 b) of Regulation ( EC) No 207/2009 – Partial refusal to register

MM. G. Berardis (Rapporteur), P
T-185/13, [2014] EUECJ T-185/13, ECLI:EU:T:2014:769
Bailii

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536553

Ministerstvo prace a socialnich veci v B: ECJ 11 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Social security for migrant workers – Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 – National legislation applicable – Determination of the competent Member State for the purpose of granting a family benefit – Situation in which a migrant worker and her family live in a Member State in which their centre of interest is located and family benefit has been paid – Application for family benefit in the Member State of origin after entitlement to benefits in the Member State of residence has expired – National legislation of the Member State of origin providing that such benefits are to be granted to any person registered as permanently resident in that State

C-394/13, [2014] EUECJ C-394/13, ECLI:EU:C:2014:2199
Bailii
Regulation (EC) No 883/2004, Regulation (EEC) No 1408/71

European, Benefits

Updated: 21 December 2021; Ref: scu.536549

Groupement des cartes bancaires (CB) v Commission: ECJ 11 Sep 2014

ECJ Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 81(1) EC – Payment cards system in France – Decision by an association of undertakings – Issuing market – Pricing measures applicable to ‘new entrants’ – Membership fee, mechanism for ‘regulating the acquiring function’ and ‘dormant member ‘wake-up” mechanism – Concept of restriction of competition ‘by object’ – Examination of the degree of harm to competition

C-67/13, [2014] EUECJ C-67/13, ECLI:EU:C:2014:2204
Bailii
EC 81(1)

European, Commercial

Updated: 21 December 2021; Ref: scu.536550

Galileo International Technology v OHMI – ESA And Commission (Galileo): ECFI 11 Sep 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark GALILEO – Earlier Community word marks GALILEO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity between the goods and services at issue

G. Berardis P
T-450/11, [2014] EUECJ T-450/11, ECLI:EU:T:2014:771
Bailii

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536557

Gold East Paper And Gold Huasheng Paper v Council: ECFI 11 Sep 2014

ECFI Judgment – Subsidies – Imports of coated fine paper originating in China – Methodology – Calculation of the advantage – Manifest error of assessment – Specificity – Depreciation period – Preferential tax treatments – Compensatory measures – Injury – Determination of the profit margin – Definition of the product concerned – Community industry – Causal link

T-444/11, [2014] EUECJ T-444/11
Bailii

European

Updated: 21 December 2021; Ref: scu.536560

Ministero dell’Interno v Fastweb SpA: ECJ 11 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Public procurement – Directive 89/665/EEC – Article 2D(4) – Interpretation and validity – Procedures for review of the award of public supply and public works contracts – Ineffectiveness of the contract – Exception

T. von Danwitz, P
C-19/13, [2014] EUECJ C-19/13, ECLI:EU:C:2014:2194
Bailii
Directive 89/665/EEC 2D(4)

European, Contract

Updated: 21 December 2021; Ref: scu.536556

Essent Belgium v Vlaamse Reguleringsinstantie voor de Elektriciteits – en Gasmarkt: ECJ 11 Sep 2014

ECJ Judgment – References for a preliminary ruling – Regional support scheme providing for the issuance of tradable green certificates for facilities situated in the region concerned producing electricity from renewable energy sources – Obligation for electricity suppliers to surrender annually to the competent authority a certain quota of certificates – Refusal to take account of guarantees of origin originating from other Member States of the European Union and from States which are parties to the EEA Agreement – Administrative fine in the event of failure to surrender certificates – Directive 2001/77/EC – Article 5 – Free movement of goods – Article 28 EC – Articles 11 and 13 of the EEA Agreement – Directive 2003/54/EC – Article 3

L. Bay Larsen, P
C-204/12, [2014] EUECJ C-204/12, ECLI:EU:C:2014:2192
Bailii
Directive 2001/77/EC 5, Directive 2003/54/EC 3, EEA Agreement 11 13

European, Utilities

Updated: 21 December 2021; Ref: scu.536555

El Corte Ingles v OHMI – Baumarkt Praktiker Deutschland (Pro Outdoor): ECFI 11 Sep 2014

ECJ Judgment Community trade mark – Opposition proceedings – Application for Community word mark PRO OUTDOOR – Earlier Community figurative mark OUTDOOR garden barbecue camping – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Subject of the case before the Board of Appeal – Articles 60 and 64, paragraph 1 of Regulation No 207/2009

M Prek P
T-127/13, [2014] EUECJ T-127/13, ECLI: EU: T 2014: 767
Bailii
Regulation (EC) No 207/2009 1(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536554

Kronos International Inc v Finanzamt Leverkusen: ECJ 11 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU and 54 TFEU – Freedom of establishment – Articles 63 TFEU and 65 TFEU – Free movement of capital – Tax legislation – Corporation tax – Legislation of a Member State designed to eliminate double taxation of distributed profits – Imputation method applied to dividends distributed by companies resident in the same Member State as the company receiving them – Exemption method applied to dividends distributed by companies resident in a different Member State from the company receiving them or in a third State – Difference in treatment of losses of the company receiving the dividends

C-47/12, [2014] EUECJ C-47/12
Bailii
TFEU 49 54 63 65

European, Corporation Tax

Updated: 21 December 2021; Ref: scu.536562

A v B and Others: ECJ 11 Sep 2014

ECJ Judgment – Article 267 TFEU – National constitution – Interlocutory procedure for the mandatory review of constitutionality – Assessment as to whether a national law is consistent both with EU law and with national constitutional law – Jurisdiction and the enforcement of judgments in civil and commercial matters – Where the defendant has no known domicile or place of residence in the territory of a Member State – Prorogation of jurisdiction where the defendant enters an appearance – Court-appointed representative in absentia for the defendant

T. von Danwitz (Rapporteur), P
C-112/13, [2014] EUECJ C-112/13
Bailii
TFEU 267

European, Constitutional

Updated: 21 December 2021; Ref: scu.536547

Gemeente S-Hertogenbosch v Staatssecretaris van Financien: ECJ 10 Sep 2014

Judgment – Reference for a preliminary ruling – Sixth VAT Directive – Article 5(7)(a) – Taxable transactions – ‘Supplies made for consideration’ – First occupation by a municipal authority of premises built for it on land belonging to it – Activities engaged in as a public authority and as a taxable person

C-92/13, [2014] EUECJ C-92/13
Bailii

European, VAT

Updated: 21 December 2021; Ref: scu.536519

Micrus Endovascular v OHMI – Laboratorios Delta: ECFI 10 Sep 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark DELTA – Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

A. Dittrich, P
T-218/12, [2014] EUECJ T-218/12, ECLI:EU:T:2014:760
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536522

Vilniaus Energija v Lietuvos metrologijos inspekcijos Vilniaus apskrities skyrius: ECJ 10 Sep 2014

ECJ Judgment – Request for a preliminary ruling – Free movement of goods – Measures having equivalent effect – Directive 2004/22/EC – Metrological verification of measuring systems – Hot-water meter satisfying all the requirements of that directive and connected to a remote (telemetric) data-transmission device – Prohibition of the use of that meter without a prior metrological verification of the system

C-423/13, [2014] EUECJ C-423/13, ECLI:EU:C:2014:2186
Bailii
Directive 2004/22/EC

European

Updated: 21 December 2021; Ref: scu.536523

Haralambidis v Calogero Casilli: ECJ 10 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for workers – Article 45(1) and (4) TFEU – Concept of worker – Employment in the public service – Post of President of a Port Authority – Participation in the exercise of powers of a public authority – Nationality requirement

R. Silva de Lapuerta, P
C-270/13, [2014] EUECJ C-270/13
Bailii
TFEU 45(1) 45(4)

European

Updated: 21 December 2021; Ref: scu.536520

DTM Ricambi v OHMI – Star (Star): ECFI 10 Sep 2014

Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark STAR – International Brand Earlier figurative STAR LODI – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No. 207/2009

MM. A. Dittrich (Rapporteur), P
T-199/13, [2014] EUECJ T-199/13, EU: T: 2014 761 ECLI: EU T: 2014 761
Bailii
Regulation (EC) No. 207/2009 8(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536518

Aykul v Land Baden-Wurttemberg: ECJ 4 Sep 2014

ECJ Advocate General’s Opinion – Preliminary ruling – Directive 91/439/EEC and 2006/126 / EC – Driving license – Article 8, paragraph 2, of the Directive 91/439 and Article 11, paragraph 4, second paragraph, of Directive 2006/126 – refusal of a Member State to recognize, to a person who leads its territory under the influence of drugs, the validity of a driving license issued by another Member State – offending behavior of the licensee’s license post the issuance of this permit – Withdrawal of driving license – Procedure for verification skills – Competent authorities – Improved safety of road traffic

Bot AG
C-260/13, [2014] EUECJ C-260/13 – O, [2015] EUECJ C-260/13
Bailii, Bailii
Directive 91/439/EEC

European, Road Traffic

Updated: 21 December 2021; Ref: scu.536483

Biscuits Poult v OHMI – Banketbakkerij Merba (Biscuit): ECFI 9 Sep 2014

ECFI Judgment – Community trade mark – Invalidity proceedings – Registered Community design representing a broken cookie – Ground for invalidity – Lack of individual character – Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002

S. Papasavvas, P
T-494/12, [2014] EUECJ T-494/12, ECLI:EU:T:2014:757
Bailii
Regulation (EC) No 6/2002 4 6 25(1)(b)

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536485

Mastercard and Others v Commission: ECFI 9 Sep 2014

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a study of the costs and benefits to merchants of accepting different payment methods – Documents drawn up by a third party – Refusal of access – Exception relating to the protection of the decision-making process – Exception relating to the protection of the commercial interests of a third part

T-516/11, [2014] EUECJ T-516/11
Bailii
Regulation (EC) No 1049/2001

European

Updated: 21 December 2021; Ref: scu.536491

Staatssecretaris van Financien v X (Advocate General’s Opinion): ECJ 4 Sep 2014

ECJ Opinion – Tax legislation – Freedom of establishment – National Tax Deduction income- higher maintenance expenses of a listed building in the country and owner-occupied – Dutch national who resides in a listed building in Belgium while he pursues a professional activity and is fully liable in the Netherlands

Julianne Kokott AG
C-87/13, [2014] EUECJ C-87/13 – O, [2014] EUECJ C-87/13
Bailii, Bailii

European, Income Tax

Updated: 21 December 2021; Ref: scu.536495

Sanders v Verhaegen: ECJ 4 Sep 2014

ECJ Advocate General’s Opinion – Judicial cooperation in civil matters – Jurisdiction in matters relating to maintenance obligations – Article 3 b) of Regulation (EC) No 4/2009 – Action against a person habitually resident in another State – Legislation of a Exclusion of such – giving member in such cases exclusive jurisdiction to the trial court established the headquarters of the regional appeal court in whose jurisdiction lies the habitual residence of the party remaining in that Member State concentration skills

Nilo Jaaskinen QG
C-400/13, [2014] EUECJ C-400/13 – O, ECLI: EU: C: 2014: 2171, [2014] EUECJ C-400/13
Bailii, Bailii
Regulation (EC) No 4/2009 3(b)

European

Updated: 21 December 2021; Ref: scu.536493

Casa Judeteana Pensii of Cluj vBalazs: ECJ 4 Sep 2014

ECJ Advocate General’s Opinion – Social security for migrant workers – Retirement benefits – Applicability of social security agreements between Member States – Refusal by the authorities of a Member State to grant retirement benefits for periods of employment on its territory for a returnee home of another member on the basis of regulations of the Union State

Mr Melchior Wathelet
C-401/13, [2014] EUECJ C-401/13 – O, ECLI: EU: C: 2014, 2161, [2015] EUECJ C-401/13
Bailii, Bailii

European, Benefits

Updated: 21 December 2021; Ref: scu.536484

Commission v IPK International: ECJ 4 Sep 2014

ECJ Opinion – Appeal – Commission decision ordering the repayment of financial assistance – Annulment of the decision by the Court – Execution of the judgment – Calculation of interest on the amount to be repaid

M Yves Bot AG
C-336/13, [2014] EUECJ C-336/13 – O, ECLI:EU:C:2014:2170, [2015] EUECJ C-336/13
Bailii, Bailii

European

Updated: 21 December 2021; Ref: scu.536486

Commission v Parker Hannifin Manufacturing, Parke-Hannifin: ECJ 4 Sep 2014

ECJ Opinion – Appeal – Competition – Agreements, decisions and concerted practices – European market for marine hoses – Succession of legal entities – Attributability of unlawful conduct – Reduction of the fine by the General Court

Wathelet AG
C-434/13, [2014] EUECJ C-434/13 – O, [2014] EUECJ C-434/13
Bailii, Bailii

European

Updated: 21 December 2021; Ref: scu.536487

Altmann And Others v BaFin: ECJ 4 Sep 2014

ECJ Advocate General’s Opinion – Approximation of laws – Directive 2004/39/EC – Article 54, paragraphs 1 and 2 – Obligation of professional secrecy to which the supervisory authorities of financial services – investment company of fraudulent bankruptcy or liquidation – Effect on secret professional – Disclosure of information in civil or commercial proceedings if they are necessary to the conduct of the proceedings

Jaaskinen AG
[2013] EUECJ C-140/13 – CO, C-140/13, [2014] EUECJ C-140/13 – O, [2014] EUECJ C-140/13
Bailii, Bailii, Bailii
Directive 2004/39/EC 54

European

Updated: 21 December 2021; Ref: scu.536482

Commission v Italian Republic and Greece: ECJ 4 Sep 2014

ECJ Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to comply with judgments of the Court of Justice – Commission v Italy (C-135/05, EU:C:2007:250) and Commission v Greece (C-502/03, EU:C:2005:592) – Law on waste – Illegal landfills – Closure – Clean-up – Renewed permit pursuant to Directive 99/31/EC – Financial penalties – Imposition of a periodic penalty payment and a lump sum payment – Reduction of the periodic penalty payment in the event of partial compliance

Kokott AG
C-378/13, [2014] EUECJ C-378/13 – O, ECLI:EU:C:2014:2172, [2014] EUECJ C-378/13
Bailii, Bailii

European, Environment

Updated: 21 December 2021; Ref: scu.536488

Europaische Schule Munchen v Oberto: ECJ 4 Sep 2014

ECJ Advocate General’s Opinion – Statute of the European Schools – Powers of the Board of Appeal of the European schools or courts at the place of schools to approve a contract for fixed-term work concluded between the European school and not attached or seconded by a Member State Teacher

M Paolo Mengozzi AG
C-464/13, [2014] EUECJ C-464/13 – O, ECLI:EU:C:2014:2169, [2015] EUECJ C-464/13
Bailii, Bailii

European, Employment, Education

Updated: 21 December 2021; Ref: scu.536492

Commission v Spain (Freedom Of Establishment): ECJ 26 May 2011

ECJ Judgment – Failure of a Member State to fulfil obligations – Directives 93/37/EEC and 2004/18/EC – Procedures for the award of public works contracts – Urban development legislation of the Autonomous Community of Valencia

K. Lenaerts, P
[2011] EUECJ C-306/08
Bailii
Directive 2004/18/EC, Directive 93/37/EEC
Citing:
Opinion – Commission v Spain (Freedom Of Establishment) ECJ 16-Sep-2010
ECJ Opinion – Infringement proceedings – Failure of a Member State to fulfil obligations – Directive 93/37/EEC – Directive 2004/18/EC – Public works contracts – Public service contracts – Public service . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 21 December 2021; Ref: scu.536469

Ministere public v Lahousse And Lavichy: ECJ 18 Nov 2010

ECJ Directives 92/61/EEC and 2002/24/EC – Type-approval of two- or three-wheel motor vehicles – Vehicles intended for use in competition, on roads or in off-road conditions – National legislation prohibiting the manufacture, marketing and use of equipment designed to increase the engine power and/or speed of mopeds

A Tizzano P
[2010] EUECJ C-142/09
Bailii
Directive 92/61/EEC, Directive 2002/24/EC
Citing:
Opinion – Ministere public v Lahousse And Lavichy ECJ 16-Sep-2010
ECJ (Approximation Of Laws) Type-approval of two- or three-wheel motor vehicles – Exclusion of vehicles intended for use in competition, on roads or in off-road conditions – National legislation prohibiting the . .

Lists of cited by and citing cases may be incomplete.

European, Road Traffic

Updated: 21 December 2021; Ref: scu.536460

Provincie Antwerpen v Belgacom NV van publiek recht: ECJ 4 Sep 2014

ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/20/EC – Article 6 – Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations – Article 13 – Fees for rights of use and rights to install facilities – Regional legislation making undertakings liable to pay a tax on places of business

Ilesic P
C-256/13, [2014] EUECJ C-256/13
Bailii
Directive 2002/20/EC 6

European

Updated: 21 December 2021; Ref: scu.536443

Schiebel Aircraft v Bundesminister fur Wirtschaft, Familie und Jugend: ECJ 4 Sep 2014

ECJ Judgment – Reference for a preliminary ruling – Freedom of establishment – Freedom of movement for workers – Non-discrimination – Article 346(1)(b) TFEU – Protection of a Member State’s essential security interests – Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading of arms, munitions and war material must hold the nationality of that Member State

T. von Danwitz, P
C-474/12, [2014] EUECJ C-474/12, [2014] EUECJ C-474/12
Bailii

European

Updated: 21 December 2021; Ref: scu.536453

SNCM v Corsica Ferries France: ECJ 4 Sep 2014

ECJ (Judgment) Appeals – Restructuring aid – European Commission’s margin of assessment – Scope of review by the General Court of the European Union – Market economy private investor test – Requirement for a sectoral and geographical analysis – Sufficiently well-established practice – Long-term economic rationale – Making of additional redundancy payments

T. von Danwitz, P
C-533/12, [2014] EUECJ C-533/12, ECLI:EU:C:2014:2142
Bailii

European

Updated: 21 December 2021; Ref: scu.536455

Anonima Petroli Italiana SpA v Ministero delle Infrastrutture e dei Trasporti etc: ECJ 4 Sep 2014

ECJ Judgment – Requests for a preliminary ruling – Road transport – Amount of the minimum operating costs determined by a body representing the operators concerned – Association of undertakings – Restriction of competition – Public interest objective – Road safety – Proportionality

T. von Danwitz, P
ECLI:EU:C:2014:2147, C-184/13, [2014] EUECJ C-184/13
Bailii

European, Transport

Updated: 21 December 2021; Ref: scu.536442

Burgo Group v Illochroma SA: ECJ 4 Sep 2014

ECJ (Judgment) Request for a preliminary ruling – Judicial cooperation in civil matters – Insolvency proceedings – Definition of ‘establishment’ – Group of companies – Establishment – Right to request the opening of secondary insolvency proceedings – Criteria – Person empowered to request the opening of secondary insolvency proceedings

A. Tizzano, P
C-327/13, [2014] EUECJ C-327/13
Bailii

European, Insolvency

Updated: 21 December 2021; Ref: scu.536444

Zeman v Krajske riaditelstvo Policajneho zboru v Ziline: ECJ 4 Sep 2014

ECJ Reference for a preliminary ruling – Directive 91/477/EEC – Issuing of the European firearms pass – National legislation according to which that pass is issued only to holders of a firearms licence issued for hunting or target shooting use

C-543/12, [2014] EUECJ C-543/12
Bailii
Directive 91/477/EEC

European

Updated: 21 December 2021; Ref: scu.536459

Pensionsversicherungsanstalt v Kleist: ECJ 18 Nov 2010

ECJ Social policy – Equal treatment of men and women in matters of employment and occupation – Directive 76/207/EEC – Article 3(1)(c) – National rules facilitating the dismissal of workers who have acquired the right to draw their retirement pension – Objective of promoting employment of younger persons – National rules setting the age conferring entitlement to a retirement pension at 60 years for women and 65 years for men

JN Cunha Rodrigues, P
ECLI:EU:C:2010:703, [2010] EUECJ C-356/09
Bailii
Directive 76/207/EEC 3(1)(c)
Citing:
Opinion – Pensionsversicherungsanstalt v Kleist ECJ 16-Sep-2010
ECJ (Opinion) Social policy – Equal treatment between men and women – Legal age of retirement differ for men and women – Loss of conventional special protection against dismissal, therefore, what the legal age of . .

Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 21 December 2021; Ref: scu.536468

Commission v Council: ECJ 4 Sep 2014

ECJ (Judgment) – Action for annulment – External action of the European Union – International agreements – Protection of neighbouring rights of broadcasting organisations – Negotiations for a Convention of the Council of Europe – Decision of the Council and the Representatives of the Governments of the Member States authorising the joint participation of the Union and its Member States in the negotiations – Article 3(2) TFEU – Exclusive external competence of the Union

V. Skouris, P
C-114/12, [2014] EUECJ C-114/12
Bailii

European

Updated: 21 December 2021; Ref: scu.536445

Simon, Evers and Co GmbH v Hauptzollamt Hamburg-Hafen: ECJ 4 Sep 2014

ECJ (Judgment) Reference for a preliminary ruling – Commercial policy – Anti-dumping duties – Regulation (EC) No 499/2009 – Validity – Imports of products originating in China – Imports of the same products consigned from Thailand – Circumvention – Proof – Refusal to cooperate

R. Silva de Lapuerta, P
C-21/13, [2014] EUECJ C-21/13
Bailii
Regulation (EC) No 499/2009

European

Updated: 21 December 2021; Ref: scu.536454

Commission v Greece: ECJ 4 Sep 2014

ECJ (Judgment) Failure to fulfill obligations – Directive 1999/74/EC – Articles 3 and 5, paragraph 2 – Raising of laying hens – unenriched cages – Prohibition – Breeding laying hens in cages do not comply with requirements arising under this Directive

C-351/13, [2014] EUECJ C-351/13
Bailii
Directive 1999/74/EC 3 5

European, Agriculture, Animals

Updated: 21 December 2021; Ref: scu.536448

Commission v France: ECJ 4 Sep 2014

ECJ (Judgment) Failure of a Member State to fulfil obligations – Directive 91/676/EEC – Article 5(4) – Annex II.A, points 1 to 3 and 5 – Annex III.1, points 1 to 3, and Annex III.2 – Protection of waters against pollution caused by nitrates from agricultural sources – Periods for land application – Capacity of storage vessels for livestock manure – Limitation of land application – Prohibition on land application on steeply sloping ground or on snow-covered or frozen ground – Non-compliance of national legislation

R. Silva de Lapuerta, P
C-237/12, [2014] EUECJ C-237/12
Bailii
Directive 91/676/EEC 5(4)

European, Environment, Agriculture

Updated: 21 December 2021; Ref: scu.536446

Spain v Commission: ECJ 4 Sep 2014

ECJ (Judgment) Appeals – Cohesion fund – Reduction of the financial assistance -Adoption of the decision by the European Commission – Existence of a time-limit – Failure to comply with the time-limit – Consequences

A. Tizzano, P
C-197/13, [2014] EUECJ C-197/13, ECLI:EU:C:2014:2157
Bailii

European

Updated: 21 December 2021; Ref: scu.536458

ECO Cosmetics v Dupuy: ECJ 4 Sep 2014

(Judgment) Preliminary ruling – Judicial co-operation in civil matters – Regulation (EC) No 1896/2006 – European Order for Payment Procedure – Failure to serve or valid notification – Effects – Order to be declared enforceable European Payment – Opposition – Review in exceptional cases – Timing

Ilesic P
C-119/13, [2014] EUECJ C-119/13
Bailii
Regulation (EC) No 1896/2006

European

Updated: 21 December 2021; Ref: scu.536449

Kirin Amgen v Lietuvos Respublikos valstybinis patentu biuras: ECJ 2 Sep 2010

ECJ Patent law – Proprietary medicinal products – Regulation (EEC) No 1768/92 – Articles 7, 19 and 19a(e) – Supplementary protection certificate for medicinal products – Period for lodging the application for such a certificate

[2010] EUECJ C-66/09
Bailii
Citing:
Opinion – Kirin Amgen v Lietuvos Respublikos valstybinis patentu biuras ECJ 25-Feb-2010
ECJ (Opinion) Regulation (EEC) No 1768/92 – Medicinal products – Supplementary protection certificate – Act of Accession to the European Union of the Republic of Lithuania -Measurements transient for the Republic . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.536464

Germanwings GmbH v Ronny Henning: ECJ 4 Sep 2014

ECJ (Judgment) Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Articles 2, 5 and 7 – Right to compensation in the event of a long delay to a flight – Length of delay – Concept of ‘arrival time’

M. Safjan, P
C-452/13, [2014] EUECJ C-452/13
Bailii
Regulation (EC) No 261/2004

European, Transport, Consumer

Updated: 21 December 2021; Ref: scu.536450

European Central Bank (ECB) v Germany: ECJ 8 Dec 2005

ECJ (Law Governing The Institutions) Protocol on the Privileges and Immunities of the European Communities – Agreement on the seat of the European Central Bank – Arbitration clause – Immovable property leased by the ECB – Indirect taxes passed on in leasing or letting charges.

C-220/03, [2005] EUECJ C-220/03
Bailii
European

European

Updated: 21 December 2021; Ref: scu.235849

Jyske Finans A/S v Skatteministeriet intervening parties: Nordania Finans A/S, BG Factoring A/S: ECJ 8 Dec 2005

ECJ Sixth VAT Directive – Article 13B(c) – Exemptions – Exemption of supplies of goods excluded from the right to deduct – Resale of motor cars purchased second-hand by a leasing company – Article 26a – Special arrangements for sales of second-hand goods.

[2006] CEC 404, [2005] EUECJ C-280/04, [2005] ECR I-10683, [2006] STI 39, [2006] STC 1744
Bailii
European
Cited by:
Cited – Revenue and Customs v Pendragon Plc and Others SC 10-Jun-2015
‘This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as . .

Lists of cited by and citing cases may be incomplete.

European, VAT

Updated: 21 December 2021; Ref: scu.235855

Commissioners of Customs and Excise v Aps Samex: 1983

It is generally right for the court to find the facts before referring questions of law to the European Court of Justice.
Bingham J restated the four requirement sfor a reference set out in Bulmer, saying: ‘(1) Will the point be substantially determinative of the litigation?
(2) Has the same point or substantially the same point been decided by the European court in a previous case?
(3) acte claire – does the court consider the point reasonably clear and free from doubt?
(4) Decide the facts first.’
And: ‘[The Court] has a panoramic view of the Community and its institutions, a detailed knowledge of the treaties and of much subordinate legislation made under them, and an intimate familiarity with the functioning of the Community market which no national judge denied the collective experience of the Court of Justice could hope to achieve. Where questions of administrative intention and practice arise the Court of Justice can receive submissions from the Community institutions, as also where relations between the Community and non-member states are in issue. Where the interests of member states are affected they can intervene to make their views known. That is a material consideration in this case since there is some slight evidence that the practice of different member states is divergent. Where comparison falls to be made between Community texts in different languages, all texts being equally authentic, the multinational Court of Justice is equipped to carry out the task in a way which no national judge, whatever his linguistic skills, could rival. The interpretation of Community instruments involves very often not the process familiar to common lawyers of the laboriously extracting the meaning from words used but the more creative process of supplying flesh to a spare and loosely constructed skeleton. The choice between alternative submissions may turn not on purely legal considerations, but on a broader view of what the orderly development of the Community requires. These are matters which the Court of Justice is very much better placed to assess and determine than a national court.’

Bingham J
[1983] 1 All ER 1042
England and Wales
Citing:
Cited – HP Bulmer Ltd and Another v J Bollinger Sa and others CA 22-May-1974
Necessity for Reference to ECJ
Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. . .

Cited by:
Cited – Fisher and Others v Revenue and Customs FTTTx 14-Aug-2014
FTTTx Income Tax – Anti-avoidance – transfer of assets abroad code – s739 ICTA 1988 – appellants were shareholders in UK bookmaker which transferred its telebetting business to Gibraltar – purpose of avoiding . .
Cited – The Number (UK) Ltd and Another v Office of Communications CAT 24-Nov-2008
. .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, European

Updated: 20 December 2021; Ref: scu.224913

GMAC UK (Judgment Of The Court): ECJ 3 Sep 2014

ECJ Reference for a preliminary ruling – VAT – Sixth Directive 77/388/EEC – Article 11C(1), first subparagraph – Direct effect – Reduction of the taxable amount – Two transactions concerning the same goods – Supply of goods – Cars, sold on a hire purchase basis, repossessed and sold at auction – Abuse of rights

ECLI:EU:C:2014:2131, C-589/12, [2014] EUECJ C-589/12
Bailii
Sixth Directive 77/388/EEC 11C(1)

European, VAT

Updated: 20 December 2021; Ref: scu.536392